What Educators Should Know About the Gender Identity Executive Order & LGBTQI+ Rights
A recent executive order from President Trump targets gender protections—but it cannot undo federal civil rights laws that safeguard transgender, intersex, and nonbinary people. Check out our know-your-rights guides below, and visit NEA’s LGBTQI+ guidance for more info.
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Students’ Rights
- Look at your school/higher education institution’s Title IX policy and any other policies about discrimination or harassment of students.
- Don’t forget that there may be other constitutional or federal law protections in addition to Title IX. For example, student expressions of their gender identity or support for LGBTQ+ inclusivity may be protected speech under the First Amendment.
- Find out if your state or local municipality have laws or regulations prohibiting SO/GI discrimination or bullying in schools.
o Find more information about state safe schools laws here. - Find out whether there are school district anti-bullying or nondiscrimination policies that may apply.
- If a student is being harassed or mistreated by other students, report it to your principal and the school’s Title IX coordinator. Students and
parents/guardians can also be advised of their rights to file a Title IX
complaint for discrimination or harassment at school or school-related
activities. - Be alert to school policies or actions that may violate students’ privacy and threaten students who do not conform to sex-based stereotypes. Policies and rhetoric that stoke fear about transgender people often also endanger cisgender individuals, especially women and girls, who may be subject to invasive scrutiny for not appearing feminine (or masculine) enough based on stereotypes.
- In all cases, keep detailed notes documenting the time, place and
circumstances of any incidents of harassment and discrimination, including any witnesses. If your school/institution has anti-LGBTQI+ policies, note and keep records of the negative impact of these policies on students, for example, any observations of students missing more school, being excluded from activities, or having challenges academically. If you raise complaints with your administration, keep records (such as copies of emails) of these complaints. - Contact your union representative or legal counsel with any questions about the law in your state and specific policies that may apply.
Employee's Rights
- Consider filing a complaint with the EEOC or your state enforcement agency, under Title VII and the Supreme Court’s decision in Bostock. This must be done within 180 days (or 300 days, depending on the state) of the discrimination.
- Check your school district or higher education institution’s Title IX policies, and consider filing a complaint through this process.
- Consider whether your state or local law provides better protections than federal law, such as longer time periods to file complaints or better enforcement prospects. This may be particularly important if the federal government is not acting to protect against SO/GI discrimination and where cases are not being vigorously pursued through the federal agency (EEOC). o State by state information on state and local laws can be found here.
- Look at your collective bargaining agreement and/or school district/institution policies, especially any policies about reporting harassment. It may be faster and easier to get relief under your internal policies, and in some cases, it may be important to show that you complained to your employer.
- In all cases, keep detailed notes documenting the time, place and circumstances of any incidents of harassment and discrimination, including any witnesses. If you raise complaints with your administration, keep records (such as copies of emails) of these complaints. Contact your union representative or legal counsel with any questions about your rights.
Advocate's Rights
- Know your rights and the limits on them. You have the strongest protections when you are speaking off school time as a private citizen on a matter of public concern, such as at a protest or a school board meeting. This is because while students have broad free speech rights at school, as a school employee, your speech rights are more limited. When you are performing your duties, school districts have the right to set policies around what is taught, what curriculum is used, and what is displayed.
- If you are unsure about whether something complies with school policy, it is best to seek clarification from an administrator. Union representatives may also be able to advise you about past interpretations of school policies.
- Consider advocating for school board policies that express support for LGBTQI+ students’ rights and inclusion, and that seek to ensure a safe, affirming and welcoming environment for all students. Acting together with other educators or through your union can greatly strengthen your advocacy for inclusive classrooms, school practices and curriculum.
- Consider posting LGBTQI+ Pride, Safe Space stickers, or other markers of inclusion. If you have not seen others posting similar items in their classroom, make sure to tell your principal in advance so that you can address any concerns they may have. If your principal or another school administrator prohibits you from posting such inclusive posters, consult your union representative about how best to proceed.
- If you are instructed to remove materials from classrooms or libraries, you should comply with this directive and immediately notify your union and local or state legal counsel to discuss options. Be aware that Title VII, Title IX and the First Amendment prohibit retaliation for expressing support of students; complaining about discriminatory or harassing conduct toward students, yourself of other employees; or for filing a complaint with a civil rights agency. If you believe you have been retaliated against for speaking out about your rights or those of your students, contact your union or legal counsel and consider filing a complaint with a local, state or federal civil rights agency.
